Amresh Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.18516 of 2022 Arising Out of PS. Case No.-495 Year-2021 Thana- ALOULI District- Khagaria ====================================================== 1.

AMRESH KUMAR S/o Awadhesh Singh Resident of Village - Icharua, P.s.- Alauli, District - Khagaria.

2.

Sharwan Kumar S/o shankar Singh Resident of Village - Icharua, P.s.- Alauli, District - Khagaria.

3.

Shankar Singh S/o Late Ghulam Singh Resident of Village - Icharua, P.s.- Alauli, District - Khagaria.

4.

Rakesh Roushan @ Sudhir Singh S/o Dhiraj Singh @ Dhiraj Prasad Singh Resident of Village - Icharua, P.s.- Alauli, District - Khagaria. 5.

Pawan Kumar @ Mantu S/o Late Ramkrishna @ Kalanand Singh Resident of Village - Icharua, P.s.- Alauli, District - Khagaria. 6.

Manoj Kumar Priyadarshi S/o Late Ramkrishna @ Kalanand Singh Resident of Village - Icharua, P.s.- Alauli, District - Khagaria. 7.

Ravi Chandra Kumar S/o Rudra Narayan Singh Resident of Village - Icharua, P.s.- Alauli, District - Khagaria.

... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Binod Kumar For the Opposite Party/s :

Mr.Chandra Bhushan Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH ORAL ORDER 14-07-2022 Earlier, vide order dated 29.06.2022, on the submission of learned counsel for the petitioners that during pendency of this petition, petitioner no. 2 and 3 have been arrested, the present petition stood dismissed as withdrawn so far as petitioner no. 2 and 3 are concerned.

Prayer for bail of petitioner no. 1, 4, 5, 6 and 7 Petitioners apprehend their arrest in a case registered

Patna High Court CR. MISC. No.18516 of 2022(3) dt.14-07-2022 2/3 for the offence punishable under Sections 341, 323, 504, 506, 379, 34 of the I.P.C. and Section 25(1-b)a/27 of the Arms Act. As per the prosecution case, the petitioners came at the house of informant in drunken condition and assaulted mother of informant with iron rod and snatched ear-ring & Mangalsutra from her. It is further alleged that co-accused Shrawan Kumar fired from his pistol and took away Rs. 3,40,000/- and laptop.

It is submitted on behalf of petitioners that petitioners have been falsely implicated in this case due to Gram Panchayat politics. Specific allegation of firing is against coaccused Shrawan Kumar. So far as these petitioners are concerned, there is general and omnibus allegation and injuries have been reported to be simple in nature. It is further submitted that present case is counter blast of Alauli P.S. Case No. 496 of 2021, which was lodged by co-accused Amlesh Kumar against the informant and others.

Considering the aforesaid facts and circumstances, let petitioner no. 1, 4, 5, 6 and 7, as named above, in the event of their arrest/surrender within a period of six weeks from today, be enlarged on bail on furnishing bail-bonds of Rs. 10,000/- (ten thousand) each with two sureties of the like amount each to the

Patna High Court CR. MISC. No.18516 of 2022(3) dt.14-07-2022 3/3 satisfaction of learned Chief Judicial Magistrate, Khagaria in connection with Alauli P.S. Case No. 495 of 2021, corresponding to G.R. No. 4243 of 2021, subject to condition as laid down under Section 438(2) of the Code of Criminal Procedure.

Accordingly, this application is disposed of. (Prabhat Kumar Singh, J) anay/- U T